Thursday, May 27, 2010
My Social Security Disability Decision Says My Testimony Was Not Fully CredibleWere you denied for SSD or SSI at hearing, and did the ALJ state in his decision that you were found to not be fully
credible? I am going to let you in on a little secret. The ALJ does not actually write the decision in most cases
a writer does. The ALJ makes the decision and then gives the writer a paper with the decision he or she has made and
some basic information and then the writer puts it all together using a partially formatted template for a denial.
This means that a good portion of the decision is simply cut and paste. In most denials you will find that the decision
states the claimants testimony was not found to be credible in light of the evidence or something like that. The reason
is because it is required that an ALJ consider the claimants testimony and explain their credibility finding. If the
ALJ does not explain why he found your testimony to not be credible this is grounds for a remand. So if the ALJ denies
your case they must often say they found your testimony to be not credible because if they find it was credible in many
cases they would have to approve the claim based on what you said your limitations are. In reality most decisions
are based primarily on the medical evidence and not on the testimony. This does not mean the testimony in a SSD hearing
is not important as ALJs will evaluate the testimony but will do so by comparing what you say with the strength of the
medical evidence. If the ALJ thinks you are exaggerating your limitations this will certainly not help. The opposite
is true as well, if the ALJ finds your testimony to appear very truthful it can certainly help. Many claimants may feel
there is no use in appealing a decision by an ALJ because if the ALJ did not believe them the first time why would they believe
them at the second hearing if the case was remanded by the Appeals Council. If you are able to show the ALJ
made a mistake in the first decision or you are able to improve your evidence and you get a remand for a new hearing the ALJ
will not remember your past testimony, and they (ALJs) know most denials will contain language that the claimants testimony
was not fully credible. So a chance at a new SSD or SSI hearing is a new chance to prove you are disabled and chances
are if you are able to convince the ALJ you are disabled you will probably find the decision will find your testimony
was credible or at-least to some extent more credible. Keep in mind you may have just had a bad ALJ for decisions.
ALJs are like any other person and may have the opinion that almost no one is disabled. If this is the case, a remand
from the Appeals Council can sometimes help allot because the ALJ knows the 2nd decision will have closer scrutiny now that
it has been remanded. If an ALJ is really bad it sometimes takes getting two remands and then you must be given a new
ALJ. If you have quarters left you can also file a new application so you can actually have two cases going on at the
same time. The bottom line is if you cannot work you must continue to appeal and chances are at some point you will
get the right person to find in your favor or get the evidence you need to win. Social Security Disability is very frustrating
but try to think of it as a marathon and not a sprint, try and stay positive and keep learning about SSDI and what you have
to prove to win and help get the evidence needed to win your claim. Remember that no one knows or cares about your case
more than you so stay active in your case but in a positive way so you can work with your lawyer. If they found your
testimony to not be credible don't think of it as the ALJ calling you a liar but keep in mind it probably has
more to do with justifying the denial.
9:14 pm edt
Friday, May 21, 2010
Treating Doctor Letters and Social Security DisabilityMany people have sent me e-mails asking me why they lost their SSD or SSI claim when they have a letter from their
doctor saying they are disabled. The truth of the matter is, a letter from your doctor that says you are disabled with little
or no explanation is of almost no value in a Social Security disability claim. The issue of disability is for the judge or
other decision-maker at Social Security to decide and SSA will be sure to let you know this in the decision. Many doctors
write these letters to make their patients happy without actually having to do a full and comprehensive report. I also often
see letters from doctors that say there patient can no longer perform their present work. This also has little value
because like my first example it is not a detailed report but it also only addresses one step of proving you are disabled.
I have also seen many letters that say the patient is limited to light duty or sedentary work. The problem with a letter like
this (besides the fact that again is not very detailed letter) is that the doctor's definition of light and sedentary
work might be very different than the Social Security Administration's definition of light and sedentary work. I can tell
you from experience, that doctors for the most part do not like to write reports or fill out RFC forms for their patients.
It takes a good deal of time and they have a very busy job. Some doctors outright refuse to fill out any forms or write reports
for their patients. Your best chance of getting a good report or RFC form from your treating doctor is to know what you
have to prove to win your case and what information you need from the doctor and be able to explain it to him or her
so they can write it one time the proper way so you do not have to ask them a second or third time. This is
one reason why I recommend using RFC forms. They explain exactly what Social Security is looking for in an easy to fill out
format that makes it much easier for the doctors. Some cases do require a complete and thorough report from your treating doctor
in these situations it is best if you leave the request for such a report up to your disability lawyer or representative.
9:38 pm edt
Monday, May 10, 2010
What new is coming to my Social Security Disability Website.The Social Security disability lawyers conference takes place this week, and as always, I will report back
with any new information that might be of interest to the readers of my website. I am also working on additional content on
SSD and SSI and related disability topics for this website. I also plan to redesign my website to make it more aesthetically
pleasing and user-friendly so that the visitors to my website will not only have access to great information on Social Security
disability law but also be able to find the answers to specific questions they may have. I started this website many years
ago and it is starting to show its age. I am not a website designer, but with a little help I will be bringing the Ultimate
Disability Guide up-to-date in both looks and usability. It will probably take me several months to complete the new look
given the amount information on this website and the time it will take. When I started writing this website on SSDI and SSI
I was simply trying to get out free information on disability that was not available anywhere else on the Internet. However,
as time went on and my website became more popular I have come to realize that I can do even more. I believe this website
already has the best information available on Social Security disability on the Web. My goal now is to not only continue to
provide the best information, but also try and make it the best looking and user-friendly SSD website anywhere. So make sure
to check back every now and then to see what changes I have been able to make. I hope all mothers had a wonderful Mother's
Day and as always I wish you luck with your Social Security disability and SSI claims.
9:21 pm edt
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